HOUSE OF REPRESENTATIVES

H.B. NO.

517

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND USE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that Hawaii's law use law was enacted, as stated in Act 187, Session Laws of Hawaii 1961, "to preserve, protect and encourage the development of the lands in the State for those uses to which they are best suited for the public welfare . . . ."  Under the law, the land use commission groups contiguous land areas into one of the four land use districts: urban, rural, agricultural, and conservation.

     The legislature also finds that the Zoning Enabling Act, contained in section 46-4, Hawaii Revised Statutes, directs that future development of the counties be accomplished within the framework of a long-range, comprehensive general plan.  The regulation of development within a county is a county function, accomplished through the regulation of the use of land through a zoning ordinance, which is valid as long as it does not conflict with the land use law, which is a law of statewide concern.

     In establishing or regulating districts, the counties:

     (1)  Are required, pursuant to section 46-4, Hawaii Revised Statutes, to give "full consideration" to "all available data relating to soil classification and physical capabilities of the land to allow and encourage the most beneficial use of the land consonant with good zoning practices"; and

     (2)  Hold public hearings on proposals to adopt or amend the county general plan, development plans, and zoning ordinances.

     The legislature further finds that reparations of the county general plan and development plans provide the opportunity for the receipt of input from all governmental and non-governmental agencies and the general public; and the discovery of any problems relating to the future development of the county.

     The legislature intends for this Act to serve as an acknowledgement of the time spent and the efforts made by the counties in developing their general and development plans.

     The purpose of this Act is to:

     (1)  Authorize the counties to petition the land use commission for regional boundary amendments required by the adoption of the county general plan or development plans; and

     (2)  Require the land use commission to conduct the five-year boundary review.

     SECTION 2.  Section 205-3.1, Hawaii Revised Statutes, is amended to read as follows:

     "§205-3.1  Amendments to district boundaries.  (a)  District boundary amendments involving lands in the conservation district, land areas greater than fifteen acres, or lands delineated as important agricultural lands shall be processed by the land use commission pursuant to section 205-4.

     (b)  Any department or agency of the State, and department or agency of the county in which the land is situated, or any person with a property interest in the land sought to be reclassified may petition the appropriate county land use decision-making authority of the county in which the land is situated for a change in the boundary of a district involving lands less than fifteen acres presently in the rural and urban districts and lands less than fifteen acres in the agricultural district that are not designated as important agricultural lands.

     (c)  District boundary amendments involving land areas of fifteen acres or less, except as provided in subsection (b), shall be determined by the appropriate county land use decision-making authority for the district and shall not require consideration by the land use commission pursuant to section 205-4; provided that such boundary amendments and approved uses are consistent with this chapter.  The appropriate county land use decision-making authority may consolidate proceedings to amend state land use district boundaries pursuant to this subsection, with county proceedings to amend the general plan, development plan, zoning of the affected land, or such other proceedings.  Appropriate ordinances and rules to allow consolidation of such proceedings may be developed by the county land use decision-making authority.

     (d)  The county land use decision-making authority shall serve a copy of the application for a district boundary amendment to the land use commission and the department of business, economic development, and tourism and shall notify the commission and the department of the time and place of the hearing and the proposed amendments scheduled to be heard at the hearing.  A change in the state land use district boundaries pursuant to this subsection shall become effective on the day designated by the county land use decision-making authority in its decision.  Within sixty days of the effective date of any decision to amend state land use district boundaries by the county land use decision-making authority, the decision and the description and map of the affected property shall be transmitted to the land use commission and the department of business, economic development, and tourism by the county planning director.

     (e)  After the adoption its amended general plan and development plans and approval by the mayor, the county land use decision-making authority may petition the land use commission for approval of any land use boundary amendments required by the amended general plan or development plans."

     SECTION 3.  Section 205-18, Hawaii Revised Statutes, is amended to read as follows:

     "§205-18  Periodic review of districts.  The [office of planning] commission shall undertake a review of the classification and districting of all lands in the State, within five years from December 31, [1985,] 2016, and every fifth year thereafter.  The [office,] commission, in its five-year boundary review, shall focus its efforts on reviewing the Hawaii state plan, county general plans, and county development and community plans.  Upon completion of the five- year boundary review, the [office shall submit a report of the findings to the] commission[.  The office] may initiate state land use boundary amendments [which] that it deems appropriate to conform to these plans.  The [office] commission may seek assistance of appropriate state and county agencies and may employ consultants and undertake studies in making this review."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Land Use Commission; Boundary Amendments; Boundary Review

 

Description:

Authorizes the counties to petition the land use commission for regional boundary amendments required by the adoption of the county general plan or development plans.  Requires the land use commission to conduct the 5-year boundary review.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.